Contributors Require info release plan in the occasion of mass casualties

When a mass casualty tragedy appears like a crime or disaster, loved ones of victims mostly gather at a hospital to seek data. That scenario recently played out in the state of Orlando following the shootings at a nightclub there.

Although, during those chaotic period, hospital executives might become simply confused about policies for data release, and information networks might be overwhelmed or not even come into utilization. It is for these challenging times that hospitals require adequate plans and processes to appropriately disseminate data.

Sometimes loved ones get data and sometimes they are told HIPAA stops the dissemination of data or limits it to blood relatives. But that is not right, claims Ann Bittinger, a healthcare attorney at the Bittinger Law firm in Jacksonville, Fla. If a sufferer is not incapacitated, then HIPAA principles apply.

If the sufferer is incapacitated, HIPAA guidance from the HHS Office for Civil Rights permits offering patient data to family, friends, loved ones like partners, clergy and others if the healthcare professional considers the sufferer would need those individuals engaged in the care, as they can inform clinicians about the medical conditions, allergies or other data that caregivers should know, Bittinger claims.

Media reports claim that Orlando Mayor Buddy Dyer inquired the White House for a waiver of HIPAA needs to share data with the loved ones of victims, but such a waiver is not needed and it was not granted.

To stop confusion and better serve loved ones, hospital disaster policies should involve one or more designated emergency department liaisons to interact with family, friends and the media, Bittinger suggests. Liaisons could involve a privacy or security officer, a public relations representative helped by an attorney, or a health information management professional.

Bittinger got an email from Marissa Padilla, principal deputy assistant secretary for public affairs at HHS, offering guidance on release of data during mass casualty occasions.

“HIPAA permits healthcare professionals the flexibility to reveal limited data to the public or media in suitable circumstances. These disclosures, which are made when it is evaluated to be in the best interest of a sufferer, are permissible without a waiver to assist to recognize incapacitated patients, or to locate family members of sufferers to share data about their condition. Disclosures are permissible to similar sex, as well as opposite sex partners.

“In accordance to 45 CFR 164.510, permitted uses and disclosures of health data involve disclosure to a family member, other relative or close personal friend of the person, or any other person recognized by the individual; the secured health information straightly relevant to such person’s involvement with the individual’s healthcare or payment regarded to the individual’s healthcare; disclosure to help in the notification of (involving identifying or locating), a family member, a personal representative of the person, or another person responsible for the care of the person; of the person’s location, condition or death.”